2016 PLP 792 (MLD)

SHAHAB SARKI, J.

The instant petition has been filed against the order dated 14.10.2014 passed by the IInd Additional Sessions Judge/Justice of Peace, Sukkur upon a Cr. Misc. Application No. 1384 of 2014 filed by the present petitioner whereby her Application under Section 22-A(6)(i), Cr.P.C. was dismissed.

2. The case of the petitioner is that in the month of July, 2012 she was kidnapped by some private persons, who forcibly obtained her signatures on the affidavit of free will and thereafter performed NIKAH with her. Subsequently, she was divorced by the said person, namely Nizam Hussain Palh, in the month of August, 2012. After about 09 months of the alleged incident, the petitioner moved an application to SSP, Sukkur alleging therein that the same persons who had earlier forcibly taken her away, are again making attempts to kidnap her and issuing her threats of dire consequences and causing her harassment. Since her application did not bear any fruit, therefore in September, 2014 she moved the above criminal miscellaneous application.

3. Learned counsel for the petitioner contends that the Justice of Peace was duty bound to order for registration of an FIR but he has passed the impugned order in a cursory manner and has only stated that there is a matrimonial dispute between the parties and has thereupon dismissed her application. In support of above contention, he has relied upon Muhammad Bashir v. Station House Officer, Okara Cantt, and others (PLD 2007 Supreme Court 539) and Muhammad Arif v. The State (2004 PCr.LJ 1347).

4. Learned counsel appearing for the proposed accused has argued that the petitioner's application for lodging of FIR was based on mala fides as the proposed accused have nothing to do with her any more. He further submits that she had married with Nizam Hussain her ex-husband, out of her own free will and now she is unnecessarily harassing him and his family members. In support of such contention he has relied upon Ghulam Rasool v Additional Sessions Judge, Gujranwala and 4 others (2013 PCr.LJ 999), Syed Farhat Ghaus Gilani v. Justice of Peace, Rajanpur and 6 others (2013 MLD 629), Abdul Latif v. Mst.Hakim Zadi and 2 others (2013 PCr.LJ 813) and Muhammad Waqar v. Justice of Peace Multan and 4 others (2013 YLR 624).

5. Learned Assistant A.G for the State has supported the impugned order and has submitted that the Justice of Peace has rightly passed the order in the circumstances of the case.

6. I have heard the learned counsel for the parties, perused the record and gone through the case law cited above.

7. The first thing, which strikes me is if the petitioner was aggrieved by the acts of Nizam Hussain and others then she could have moved an application in the year, 2012 when she was divorced and came back to live at her father's home. She chose to remain quiet about the alleged incident of kidnapping and forced marriage and in June, 2013 she started moving applications to the police officials. I am not swayed with the arguments of the learned counsel for the petitioner that the Justice of Peace is supposed to act in a mechanical manner and order registration of an FIR in every single case. Even otherwise the petitioner has an alternate remedy to file a direct complaint under Section 200, Cr.P.C. for redressal of her grievance.

8. In the above circumstances, the instant petition is hereby dismissed. HBT/S-17/Sindh Petition dismissed.